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68-0429_CC_Minutes_Regular Meeting2` Minutes of the Meeting of the City Council of San Juan Capistrano APRIL 29, 1968 The regular meeting of the City Council was called to order at 6:02 PM by Mayor Edward S. Chermak. The pledge of allegiance was recited. Invocation was given by City Administrator, Ernest A. Thompson. The City Clerk called the roll. Councilmen present: William A. Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M. (Tony) Olivares and Edward S. Chermak. The minutes of the regular meeting of April 22, 1968 were approved with one correction. WRITTEN COMMUNICATIONS (a) Correspondence from office of the Lt. Governor regarding the California Bicentennial Celebration Commission. Councilman Durn- ford stated he anticipated local participation by the Historical Society and will keep Council informed of their activities. (b) Correspondence from the Orange County Flood Control District introducing schedule of right of way acquisition and construction of flood control and water conservation works planned during the fiscal year 1968-69. Report on file in the office of the City Clerk. Councilman Bathgate asked if it might not be appropriate to request funding for impopvements of Oso Creek. Councilman Durnford also suggested it might be timely to also request the district to expedite flood control in the surrounding area in order to include the City in the flood plain project. Mayor Chermak directed that the City Engineer be authorized to make recommendation and present the requests to the Flood Control District. (c) Mr. Sant appeared on behalf of Country Land Corp. requesting relief from installation of off-site drain near intersection of Alipaz and Camino Del Avion. He pointed out on photograph areas where berm was broken to offset runoff water. County property owner objects to drain being placed on his property. This situation brought about a discussion regarding the recording of easements. Councilman Durnford therefore moved that a new policy be inaugurated whereby all easement deeds be recorded as soon as possible upon receipt and held until such time as improve- ments are made, these to include irrevocable offers to convey `1-2-9-68 426 easements. Motion seconded by Councilman Forster and carried by unanimous vote. Council indicated that if Mr. Sant could obtain document relieving the City from responsibility of possible flooding, they would then be in a position to consider the request. (d) Request for abandonment of Ganado Drive and San Juan Creek Road. Maps and description presented. City Administrator stated con- veyance only partial and must be processed through Division of Land prior to consideration. Council concurred that item be deferred until package is complete. TREASURY DEMANDS The list of demands payable April 30, 1968 were presented. Dir- ector of Finance, Harold L. Albert, requested that Warrant Nos. 3261 and 3262 in the total amount of $167.16 be added to the list, compen- sating Director of Public Works and plant operator's attendance at State Water Quality Control Conference. Councilman Bathgate, seconded by Councilman Durnford, moved that Warrant Nos. 3222 through 3262, inclusive, in the total amount of $46,403.31 be issued. Motion carried unanimously. PUBLIC HEARING - Spreading of Assessments, Assessment District 66-1 Mayor Chermak announced that the hour of 6:00 PM having arrived, this was the time and place fixed for the hearing of protests, object- ions or appeals in respect to the assessment and work under and pur- suant to resolution of intention, Resolution No. 67-4-24-6, and the Improvement Act of 1911. The City Clerk presented affidavits of publication, mailing and posting notice of hearing on assessment. Ernest A. Thompson, City Clerk, then read in full written pro- tests filed in his office. These consisted of letters from the following property owners: B. P. Williamson, dated April 11, 1968 Ed Chade (two letters), dated April 13 and April 26, 1968 Sanj1'-Kinoshita, dated April 16, 1968 Fran M. Hobart, April 17, 1968 Robert W. Crabtree, dated April 18, 1968 Carl & Ruth Buchheim, dated April 23, 1968 Thayer T. Hills, dated April 23, 1968 Daniel Brown II, dated April 23, 1968 427 C. Russell Cook, dated April 23, 1968 Mrs. Flora Windolph, dated April 23, 1968 Frank E. Gray, on behalf of Mission Hills Investment Co., dated April 26, 1968 James A. Daneri, dated April 27, 1968 Mr. Fritz Stradling, Assessment Counselor, introduced Mr. Joe Feeney and Mr. Dick Bentwood of Engineering -Science, Inc. Mr. Bentwood then explained rational of the assessment spread and presented formula. He stated that in the opinion of Engineering -Science the spreading was done fairly and equitably for all parties concerned. Mayor Chermak then asked if any person who had filed a written protest, or his representative, desired to be heard in support of such a protest. (1) Mr. Andrew J. Hamer, an associate of the Mission Hills Investment Company, read his letter of protest, as a follow-up letter presented by Frank E. Gray. Mayor Chermak interjected a brief history regarding the establish- ment of the Assessment District. Mr. Bentwood then testified that the "Rosenbaum property" does benefit as assessed, and that the engineering fees ran less than 15%. The total contract price, $389,000.00, less the City's contribution of $19,000.00. This left the total construction cost at approximately $370,000.00, fees totaling 24.1%. Mayor Chermak stated Council will take the case under advisement. (2) Mrs. Fran Hobart questioned the distance from the sewer facility that now exists. Mr. Bentwood stated there was a computation error and therefore the figure will be adjusted. (3) Mr. Kinoshita appeared asking reassurance that the pipeline near his domestic well is completely encased for a radius of 50 feet. Mr. Feeney stated Engineering -Science will check out and make sure it is properly encased. Mr. Kinoshita also cited minor discrepancies, such as surveyor's stake removed from intersection of Camino Del Avion and Alipaz, and earth not tamped down sufficiently at .site of soil testing operation, causing a water flow. (4) Mr. Bill Taylor, on behalf of Mrs. Flora Windolph, inquired if all similarly zoned property was charged alike. Answer was affirmative. (5) Mr. Warren King, proponent of the Mission Hills Ranch, appeared Ai- s9 -6B protesting spread of assessment on the basis of the density pattern in land where a force main would be necessary. Mr. Bentwood testified that his property was assessed according to the benefit of the land. (6) Mr. Carl Romer questioned benefits to land on basis of charge of $200 per acre. This matter resolved by small conference with Engineer. Mr. Stradling suggested leaving the hearing open affording an opportunity to anyone else who wished to be heard. Engineering -Science will make various corrections and ajustments by line item and present to Council before next regular meeting. Mayor Chermak declared protest hearing adjourned until the next regular meeting, May 6, 1968 at 6:00 PM. UNFINISHED BUSINESS (a) Discussion regarding draft of Joint Powers Agreement - Mayor Chermak stated agreement is almost ready to be presented at meeting with other entities involved. (b) Appointment of members to the City Planning Commission Councilman Durnford reappointed Mr. Larry Buchheim to the Planning Commission and to also serve on the Architectural Review Board. Councilman Olivares reappointed Captain Gerald T. Gaffney. Councilman Forster recommended that Mr. Arthur Lavagnino be appointed to the Planning Commission and to also serve on the Architectural Board of Review. With Council concurrence, Mayor Chermak hereby made the appoint- ments. Commissioners will be duly notified by the next Planning Commission meeting. (c) Personnel salary adjustment - Mayor Chermak requested from Director of Finance a brief resume of salaries now being paid plus costs of retainer fees. This information to be presented at the next regular meeting. (d) City Attorney presented draft of Joint Powers Agreement between the City of San Juan Capistrano and Orange County Waterworks District No. 4 for Council perusal and further comments at the next regi meeting. Councilman Bathgate stated he would like agreement to show what savings could be effected and that docu- ment be in order to present at the next meeting regarding dis- solution of Waterworks District No. 4. NEW BUSINESS Director of Finance, Harold L. Albert, presented specifications Y-19-68 for a patch unit, stating Council could make any changes they felt necessary. Councilman Durnford suggested the purchase of a small generator unit to be installed on the patch unit. This was determined not to be feasible. Councilman Durnford, seconded by Councilman Bath- gate, moved that the City go to bid for the unit in accordance with the list of specifications. Motion carried by 4 to 1 vote, Councilman Olivares voting "No". RECOMMENDATIONS AND REPORTS (a) Director of Finance, Harold L. Albert -- Reported on Finance Seminar he and City Treasurer attended in Palo Alto. (b) City Engineer, Jack Y. Kubota -- Reported that dirt operation on Stroschein property almost completed. (c) Councilman Forster -- Again asked that Council consider holding meetings at a later hour. (d) Mayor Chermak -- Reported that they were able to elect members to LAFCO at League of Cities meeting. Jim Workman was elected for a four year term; Frank Noe was elected for a term of seven months; Stan Northrup, the first Councilman ever elected, will serve a four-year term as an alternate; ADJOURNMENT The meeting adjourned at 9:00 PM. ErrMst A. Thompson City Clerk-Administra or These are the official proceedings of the City Council of San Juan Capistrano at their regular meeting of April 29, 1968. `1-'-9 -6 6